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Lolapu Chinnanna Vs. the State of A.P., Rep. by Public Prosecutor, Hig ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Indian Arms Act - Sections 25, 25(1) and 27; Evidence Act, 1872 - Sections 106; Indian Penal Code (IPC) - Sections 302 and 304

Reported in : 2004(2)ALD(Cri)393

The learned Additional Public Prosecutor while elaborating his submissions further would rely upon section 106 of the Indian Evidence Act, 1872 and would contend that in the light of the clear evidence of P.W.1 and the statements of P.W.3 … 1996 on the file of the Additional sessions Judge, Adilabad. 2. The appellant-accused was charged with offences under Section 302 of the Indian Penal Code (IPC) and under Section 25 (1)(a) of the Indian Arms Act in

State by Sub-inspector of Police Vs. Satish Shetty and ors.

Court : Karnataka

Subject : Criminal

Acts : Dowry Prohibition Act, 1961 - Sections 2, 3, 4 and 6; Evidence Act, 1872 - Sections 106, 113(A), 113(B), 114 and 300; Indian Penal Code (IPC), 1860 - Sections 304B, 306, 309, 498A and 498B; Code of Criminal Procedure (CrPC) - Sections 161, 174, 233(2), 313, 319 and 428

Reported in : 2008CriLJ2490; ILR2008KAR1432; 2008(5)KarLJ50; 2008(2)KCCR929; 2008(3)AIRKarR96; 2008(3)AICLR396(DB)

the first accused is found guilty of the offence punishable under Section 498-A and 306 of I.P.C.;B) INDIAN EVIDENCE ACT, 1872 - SECTION 113-A-Presumption under-External injuries noticed on the dead body of the deceased which were ante mortem in … Act apart from drawing an adverse inference against the respondents/accused under Section 106 of the Evidence Act. He further relies upon Podda Narayana and Ors. … this appeal challenging the Judgment and Order of acquittal, wherein the respondents were tried for offences punishable under Sections 3, 4 and 6 of the Dowry Prohibition Act and also Sections 498-A and 304-B of IPC.2. The

Murlidhar and ors. Vs. State of Rajasthan

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 34, 120B, 147, 148, 149, 201, 302, 364, 379, 394 and 397; Evidence Act, 1872 - Sections 106 and 114

Reported in : AIR2005SC2345; 2005(2)ALD(Cri)363; 2005CriLJ2608; JT2005(5)SC358; (2005)11SCC133; 2005(2)LC915(SC)

to draw an inference that Ramlal's death was caused by the accused. Relying on Section 106 of the Evidence Act, 1872 and the observations of this Court in State of W.B. v. Mir Mohammad Omar and Ors. : 2000CriLJ4047 … Sections 34, 120B, 147, 148, 149, 201, 302, 364, 379, 394 and 397 of Indian Penal Code and Sections 106 and 114 of Evidence Act, 1872 - conviction Order challenged - evidence on record confirmed that Sessions Court

Payal Vision Ltd. Vs. Radhika Choudhary

Court : Supreme Court of India

Subject : Civil Property

Acts : Code Of Civil Procedure (CPC), 1908 - Order 12 Rule 6; Indian Evidence Act, 1872 - Section 116; Transfer of Property Act, 1882 - Section 106; Rent Control Act ; Delhi Land Reforms Act

Sabha but any such contention was not available to her in view of Section 116 of the Indian Evidence Act, 1872 that estopped a tenant from denying the title of the landlord. Relying upon the decisions of this Court … had vested in the Gram Sabha but any such contention was not available to her in view of Section 116 of the Indian Evidence Act, 1872 that estopped a tenant from denying the title of the landlord. … the termination of the tenancy by service of a notice under Section 106 of the Transfer of Property Act, 1882. According to him, the High

Babulal Bhagwan Khandare and anr. Vs. State of Maharashtra

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 34, 35, 38, 96, 97, 98, 99, 100 to 106, 300, 302 and 307; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Evidence Act, 1872 - Sections 105

Reported in : 2004(10)SCALE188; (2005)10SCC404

the same is available to be considered from the material on record. Under Section 105 of the Indian Evidence Act, 1872 (in short 'the Evidence Act'), the burden of proof is on the accused, who sets up the plea … acts. The right given under Sections 96 to 98 and 100 to 106 is controlled by Section 99. To claim a right of private defence … by a Division Bench of the Bombay High Court, Nagpur Bench upholding their conviction for offences punishable under Sections 302 and 307 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC'). For

State of Madhya Pradesh Vs. Awadh Kishore Gupta and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 13(1) and 482; Prevention of Corruption Act, 1988; Prevention of Corruption Act, 1947 - Sections 5(1); Evidence Act, 1872 - Sections 106, 155(2) and 156(1)

Reported in : 2004(1)ALD(Cri)690; 2004CriLJ598; JT2003(9)SC284; 2003(9)SCALE704; (2004)1SCC691; 2004(1)LC165(SC); AIR 2004 SC 517

be matters 'specially within the knowledge' of the accused, within the meaning of Section 106 of the Indian evidence Act, 1872 fin short the 'Evidence Act').6. The phrase 'known sources of income'' in Section 13(1)(e) {old Section 5(1)(e)} has … erred in quashing the investigation - Appeal allowed - CENTRAL SALES TAX ACT, 1956.[C.A. No. 74 of 1956]. Sections 9(2), 2(ia) & 13(3) & Central Sales Tax (U.P) Rules, 1957, Rule 9 & U.P. Trade Tax Act

N. Ramakrishnaiah (Dead) Thr. Lrs. Vs. State of A.P.

Court : Supreme Court of India

Subject : Criminal

Acts : Prevention of Corruption Act, 1947 - Sections 5(1) and 5(2); Prevention of Corruption Act, 1988 - Sections 13, 13(1) and 13(2); Evidence Act, 1872 - Sections 106

Reported in : 2009CriLJ1767; 2008(13)SCALE536:2009AIRSCW1752

be matters 'specially within the knowledge' of the accused, within the meaning of Section 106, of the Indian Evidence Act, 1872 (in short, the 'Evidence Act').15. The emphasis of the phrase 'known sources of income' in Section 13(1)(e) (old … he could not give satisfactory account for acquisition of those assets. He was, therefore, liable for punishment under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the 'Old

Razia Begum and ors. Vs. State and ors.

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 482; Citizenship Act, 1955 - Sections 3 and 3(2); Citizenship (Amendment) Act, 2003; Foreign National Act, 1946; Evidence Act, 1872 - Sections 106

Reported in : 152(2008)DLT630

the accused, he has to lead evidence to prove the said fact mandate of Section 106 of Indian Evidence Act 1872. There is a good and sound reason for placing the burden of proof upon the concerned person who … Bhayana, J.1. This is a writ petition filed under Article 226 of the Constitution of India read with Section 482 Cr.PC for quashing and setting aside deportation order dated 23.04.08, passed by respondent No. 4, i.e., DCP,

Satish Kumar Agarwal Vs. the State

Court : Mumbai

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 24 and 106; Code of Criminal Procedure (CrPC) - Sections 164, 313, 374, 428, 433; Indian Penal Code (IPC) - Sections 302 and 309

Reported in : 2009(111)BomLR2928

his wife and two daughters met a homicidal death by throttling, Section 106 of the Indian Evidence Act 1872 comes into play. In the case … upon the facts and circumstances of each case, judged in the light of Section 24 of the Indian Evidence Act, 1872 (in short `Evidence Act'). The law is clear that a confession cannot be used against an accused person … B.H. Marlapalle, J.1. This appeal filed under Section 374 of Cr.P.C. arises from the order of conviction and sentence dated 4/2/1989 in Sessions Case No. 67

State Vs. Bharat Chandra Roul

Court : Orissa

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 13, 13(1), 13(2) and 19(3); Orissa Special Courts Act, 1990 - Sections 8(3); Prevention of Corruption Act, 1939 - Sections 5(1); Evidence Act, 1872 - Sections 91 and 106; Prevention of Corruption (Amendment) Act, 1947; Income Tax Act, 1961 - Sections 60, 68 and 269; Registration Act, 1908 - Sections 17, 17(1), 31 and 49; Finance (No. 2) Act, 1965 - Sections 24(2) and 24(3); Transfer of Property Act, 1882 - Sections 51(1); Stamp Act, 1899 - Sections 29 and 29(2); Estate Duty Act, 1953 - Sections 8, 9 and 9(2); Probation of Offenders Act, 1958; Code of Criminal Procedure (CrPC) , 1973 - Sections 162 and 313; Orissa Government Servants' Conduct Rules, 1959 - Rule 21; Constitution of India

Reported in : 1995CriLJ2417

be matters 'specially within the knowledge' of the accused, within the meaning of Section 106, of the Indian Evidence Act, 1872 (in short, the 'Evidence Act').3. The phrase 'known sources of income' in Section 13(1)(e) (old Section 5(1) (e)) … Jagannath was of advanced age, he thought of arrangement in terms of Ext. 50. Question of applicability of Sections 8 and 9 and the statutory compliance as required under the Estate Duty Act would have been clear,